Daughter defrauded Alzheimer's victim mum of £24k and spent most of it at Bargain Booze

A 66 year old woman defrauded her Alzheimer's victim mum out of £24,000 and spent 'an awful lot of it' at Bargain Booze, a court heard today.

Susan Rogers of Fiddlers Green Lane, Cheltenham, abused her power of attorney over her mum's affairs to take the cash, some of which she also spent on a holiday, Gloucester Crown Court was told.

The fraud was discovered when council staff realised last year that the bank balance of Molly Rogers, now 96, had fallen more quickly than expected and they had to pick up the tab for her nursing home a year earlier than budgeted for.

The finances of Mrs Rogers senior were investigated and it was found £36,000 had been taken out by her daughter, the court was told.

Rogers was to have stood jury trial today, having denied fraud at an earlier hearing, but she changed her plea at the last minute to guilty to dishonest abuse of her power of attorney between Sept 2012 and Nov 2015.

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The charge stated she had used £36,000 for her own purposes but she accepted only £24,000.

The judge, Recorder Frank Abbott, sentenced her to 18 months jail suspended for 18 months and asked her if she understood the seriousness of what she had done.

"Yes, I do," she said. He told her he was giving her a chance that 'in some ways you don't really deserve'.

The Recorder said she would have to return to court on December 13 for a Proceeds of Crime hearing when she may have to forfeit part of the value of her own home under a confiscation order.

Prosecutor Simon Goodman said a power of attorney had been set up between Mrs Rogers senior and her only daughter in early 2012 when it was realised she may soon lack capacity to look after her own affairs.

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In September that year Mrs Rogers' home was sold and the proceeds of £109,000 went into her bank to be used for paying for a care home. Later she moved into a nursing home which was more expensive.

Her capital and her income from pension and benefits was all to be used to pay for care until her total assets fell below £23,250, Mr Goodman said.

"It was believed there would be enough money for the council not to be troubled with paying for her care till November 2016," he said. "In fact in November 2015, about a year before expected, the defendant made an application for assistance.

"This rang alarm bells at the council because help should not have been needed so soon.

"Enquiries were made and it seems that this defendant had been spending her mother's money as if it were her own.

"She said she believed she had the permission of her mother to use her pension income. Some of the money was spent on a holiday. An awful lot of it was spent at Bargain Booze - sometimes several times a day. Bottles were found at her house."

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Recorder Abbott said: "So quite a lot of the expenditure seems to be related to a drink problem?"

Defence solicitor Gareth Jones said, however, that she did not accept she had a drink problem at all.

Mr Jones said that Rogers' mother had told her 'repeatedly' from an early stage that she did not need all her income and her daughter could spend it.

"Mrs Rogers took her mother at her word," he said.

"As time went on and her mother was not able to change that decision my client carried on - and that was a breach of her power of attorney. Mrs Rogers senior remains alive and is still in a nursing home where she is still visited regularly by her daughter."

Mr James said references for Rogers included a letter from the deputy head of Dean Close School and one from the nursing home manager saying Mrs Rogers senior still looks forward to and enjoys visits from her daughter.

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"They spent time talking, watching TV together and playing with the dog," he said. "It does seem there is still a relationship there."

Rogers was herself now retired with a pension and pension credits and had only £2,000 savings although she does own her own home, he added.

The judge told Rogers that having power of attorney meant that someone had to put themselves in the place of the person for whom they were managing affairs and make decisions as that person would have done.

"It doesn't matter whether you thought she wouldn't mind you having the money or you or that you thought you would get it in her will when she passed away," he said. "This was a deliberate dishonest act not only as far as she was concerned but also for those charged with her care.

"However I don't think it is in the public interest that you, at your age, be sent to prison merely as a punishment. What I want to do is ensure that the balance is restored and the losses incurred are recompensed.

"You are now in a position where you are utterly shamed by what you have done. There may well be publicity about it and you will be branded as someone who has taken money from her mother's resources and that is something you are going to have to live with."